happens to be, nothing to do with חזקת ראיה, or this is, the sugya here are dinim that have to do with, בבא בתרא דף ח עמוד ב, dinim that have to do with, with tzedakah. And the Gemara says like this, it brings a beraita. There are two things that they used to have among all, in this, in the cities the time of the Gemara, even the Rambam mentions, they used to have תמחוי and קופה. The Gemara says what's the difference? תמחוי, קופה, they used to collect money and they collect it once a week, and the קופה was for עניי דמתא, the poor people from town, the local poor people that they have to support. תמחוי, they collected everyday and it wasn't money, it was food. People put in food, and that was mainly for the עניים דעלמא. That came, you know, guest עניים that, that pass through the city, that's what they collect. Then the

Gemara says like this, ורשאין בני העיר לעשות קופה תמחוי ותמחוי קופה. The people of the city, meaning the, the leaders of the city, the, the board members, the commissioners, whatever it is, they have a right to change over if they have, they need today more, more money for תמחוי, there are a lot of guest עניים, so they're allowed to take from the קופה to give to the תמחוי, even though a person who put the money into the קופה knew that the קופה goes for עניים for this city, but you're allowed to. Same thing, תמחוי to קופה, if today you need more for the קופה, you can take. Then it adds one word, and this makes the whole, the whole commotion here, ולשנות, ולשנותה לכל מה שירצו. And the בני העיר, בני העיר we say again is the, the leaders, could change it to whatever they want. So in this pshat, in these words, we have a big machloket in the Rishonim. The Rabbeinu Tam in Tosafot says, נראה לרבינו תם דיכולים לשנותה אף לדבר הרשות. You could change it even for something that's not a mitzvah, not only not to give it to the poor people, to give it something that's a reshut, something it's obviously the need of the community, but it's not a mitzvah. And he finishes off the Tosafot that not only the Rabbeinu Tam held like that, וכן היה רבינו תם נוהג.

Used to do this, לתת מעות הקופה, he would take money from the קופה, he would give it לשומרי העיר, to the guards. It's not עניים and it's not צורך מצוה, but you had to have guards walking around the street, he would pay them and take money from the קופה. לפי שעל דעת בני העיר נתנו תחלה, because he holds that when the people gave the money to the קופה, they gave it al daat that what the בני העיר will decide, and if they decided today that this is more important for whatever reason, they're allowed to give it. This is the shita of the Rabbeinu Tam, this is the shita of the Rambam. Someone even said that this is the shita of Rashi, because from a certain Rashi that Rashi says later on. And this is the shita of the Rosh. And the Rosh even brings a re'aya. There's a Mishnah in Shekalim that says, מותר עניים לעניים. When you collect money for aniyim, for poor people, and something is left over, you have to keep it for aniyim. That's the Mishnah. But the Yerushalmi adds, ואין ממחין ביד הפרנסין. But we don't protest, we don't stop the leaders to do whatever they want with it. So he says, here you see from Yerushalmi that you're allowed to change to whatever you want. Then there's the shita from the Ri Migash. The Ri Migash, who was the rebbe of the Rambam, a talmid of the Rif. Huh? His father, Rambam's father. He also had Rambam. Something, yeah, yeah, the Rambam had more teachers. No, no, he was his father's teacher, and the Rambam. Oh, the Ri Migash you're saying, oh, yeah. And the Rambam's teacher was old, the Rambam's father was also a big gaon, he the Rambam brings him in the Rambam as a halacha that my father holds it's assur, I hold it's mutar on a certain thing. Anyway, so the

Ri Migash argues, I mean he doesn't contradict Rabbeinu Tam, obviously it was much before, but he says clearly, when it says לשנותה לכל מה שירצו, you could change to whatever you want, it's only in עניים things, that you took it, they're supposed to give for the food, and the עניים need clothes, they need some shoes, or something else, you could change it. And if you take it and you change it to something else, you are גוזל עניים. You're stealing from the עניים! You're not allowed to You know that you can't change it. And he brings a raayah, a raayah from that Mishnah in Shekalim where it says, מותר עניים לעניים. Whatever is left over from עניים you've got to give to the עניים. Obviously, he doesn't hold like פסקן like the Yerushalmi, because Yerushalmi adds, in Bavli it doesn't say that, in Yerushalmi it says that we don't protest, we don't stop the פרנסין doing what they want, so he holds obviously somehow he has proof or whatever that the Bavli doesn't agree with it. The Bavli doesn't bring it, and the halacha is whenever there's a מחלוקת בבלי and Yerushalmi, the halacha is like Bavli. See, He holds clear clearly you're not allowed. You only could Yerushalmi holds you can, bediavad. Lechatchilah is a problem. I mean, the language would seem Yeah, but he like you don't Right, exactly. But it but it means that if they feel that we don't we'll let them. No, I mean that Problem is is permissive language. Yeah, yeah. Okay, but the but it doesn't mean that it's wrong. According to him it's also, he has גזילה, according to the Ri Migash it's גזילה. Then you

have the שיטה of the Nimukei Yosef and the Ramban. They hold that be'emet you could take it, use it for something else, but you got to pay back. You could borrow it. Which is not like the Ri Migash. According to the Ri Migash you can't borrow it, it belongs to the עניים. Somebody, how could I borrow someone else's money? Like I'd come to your house, take some money, I'm borrowing and I'll pay you back. You can't do that. So the Ri Migash is you can't do anything with it, just for עניים. And the Nimukei Yosef and the Ramban says that they that the the בני העיר if they feel that this is needed, you could take it and you'll pay back. Ai, they asks, the Nimukei Yosef asks, ai, maybe they won't have later when it comes to pay back and they'll need it, they won't have? So he said a לשון, אין ציבור עני. There's no such thing as the community be ani. Some people could be aniyim, but there's always people that the tzibbur is never considered ani. And there the Ramban uses a different lashon: אין ציבור פושע. To say that they're going to do something and they're not going to give it back, you know you never know. A individual maybe you borrow and you won't pay, you never know. So we should be afraid of that, but the tzibbur we don't aren't afraid of that and therefore you could do it. So we have to understand what is the sevara behind these three machloket. You have to find all the sevara the the

three ways in this din of the of the right of the בני העיר. Then another thing: concerning this re'ayah that the Rosh brings that you are allowed to change, no, that the the Ri Migash says that you're not allowed to change because it says in the משנה, מותר עניים לעניים, so the Rosh answers it. The Rosh says, דקא מיירי התם, there it's talking when there was a one-time collection. That means the regular kuppah that was given, this is not what we're talking about. There was something that sometimes a lot of aniyim happened to be here and that we needed something, or it became cold and they needed the clothes, the coats, and you made that one-time collection, that's when the Mishnah says there's nothing you could do about it. You can't change it for anything. Mah she'ein ken if it's a regular, then it's no re'ayah from there. So we have to understand also what's the difference. The reason we say that if it's a regular collection you could change according to Rabbeinu Tam, the Rosh, is because the guy who gives it, gives it על דעת of the בני העיר and he trusts them. He trusts them that do they So what happens if there is a big collection, a special collection? But if they feel that they want to use it, why shouldn't he trust them? What is the difference between having collection of a special collection, or having it a one-time thing? Or or a regular collection? Then there's another thing. Like if you give to to Kollel Chabad, they have a special program, a special project Good, so you can't change it. Right, you give to them, you know, what happens if if they have more than enough, what are they going to do with the extra? They're not going to send it back, they can use No, no one's sending back. So the she'eilah could do you have to use it for aniyim? That's the she'eilah. Keep it for the next project. You have to renew it for aniyim, yeah. מותר עניים לעניים. So we say you don't have to, he said you don't have to. They have extra, they feel that they want to use it for something else like giving שמירה here, they're allowed to. But if you make a special collection, then you can't, you got to keep it for aniyim. The reason why is, because the person's da'at was on that special Right! So why is this not a person's da'at by regular? He gives it to the kuppah. Ela mai? He trusts them. He trusts the kuppah, but here you walk down the street, all the poor kids It's it's more than that. Okay, I hear what you're saying, it's it's but something like that. Then,

there's a another Gemara, where the Gemara says that if a person gave a נר to the בית הכנסת, if a person gave a candle to the בית הכנסת, so the Gemara says, if נשתקע שם, if we don't remember even who gave it, you're allowed to change it should to whatever you want. So lechora it's a raya against the the Ri Migash, so it says you're allowed to. So the Rosh, even though he argues with the Ri Migash, he's like, 'I could answer that kashya on the Ri Migash, no big problem. A shul is different.' Of course. What's the sevara? So again, the whole idea is you're relying on the person gave it for a certain purpose and therefore you can't change it. And here you say if you gave it for poor people you could change it, but if you gave it for The guy still had in mind he gave it for the shul, so why could you change it? It's not a kashya, you could see different, but I'm trying to bring out that point. The nekudah, and we'll just go bekitzur here today, and the nekudah of the whole inyan is like this. What it see What it seems like that the machloket is based on one thing. Does the money that the person gives to the בני העיר in order to give it to עניים, does it become first the בני העיר's? Is it theirs? That's the nekudah. The Rabbeinu Tam says it becomes the בני at the בני העיר, so the בני העיר have a right over it. The Ri Migash learns that it doesn't become the בני העיר's, it's direct to given over to the עניים. So if it's given עניים, how do the בני העיר have anything to say? But he says, 'No, it becomes the בני העיר when you give it.' And obviously the Nimukei Yosef and the Ramban will hold, it really becomes עניים, but it's a little bit בני העיר that the בני העיר have a right to borrow it, something in between. This is not a hasbara, this is not an explanation, this is just a classification, we're classifying: he holds that it belongs to the בני העיר, he says it belongs to the עניים. What's the hasbara here? So hasbara could be based on this: if you remember I once explained that in the Rebbe's sichot we find many times whenever there's something which becomes something else, if it has the full-fledged characteristics of the thing it becomes, like the famous, the first and the most foremost one of everything is shelichut, where you have שלוחו של אדם כמותו, and the Rebbe always brings there are three מדרגות, three ways you could learn. When you send a shaliach to do something, whatever he does works for you. Problem is, how does what he does work for you? You have to do it, you have to מקדש an אשה, how could he do it for you? The Torah tells you it's special. What did the Torah tell you? So

one sevara that's all based out of Yosef Engel, one sevara is the Torah was מחדש that Reuven sends Shimon as a שליח, when you make him into a שליח, לגבי this ענין of שליחות שמעון becomes Reuven! So who gave the קידושין? Reuven gave! So כמותו, שלוחו כמותו ממש. Then there is the opposite way: Shimon is not Reuven, Shimon is Shimon, nothing happened. The Torah was מחדש that if I asked you to do it for me, even though you're Shimon and you're not me, and you did it, not me, the Torah says it works for me. But you don't become me, there's no, כמותו is nothing. Then there's the middle way: Shimon doesn't become Reuven, but what you do is כאילו ראובן did it. See, the other way was for sure Reuven didn't do it, but it still helps, it works for him. And we find that in many things that we find the word כאילו, whether when something becomes, and how far does it go? It's the same thing here, we have three דרגות here of the money that's given to them, how far does it become theirs? So the Rabbeinu Tam and the Rosh and the Rambam they all hold it becomes theirs completely, like we say שלוחו כמותו, it's only an example, the שליח becomes him, completely, the money becomes completely בני העיר. If it becomes completely בני העיר, they could do whatever they want. What's the What's the reason? Well, I'm getting further with it. The Ri Migash will learn at all the other the other way, doesn't become at all. So it's not the בני העיר's at all. And the Nimukei Yosef and the Ramban will learn a דרגא in between: it becomes a little bit theirs, enough that they can borrow. But that's again classifying: this is this category, this is this category. What's the hasvara behind it? So the hasvara behind it, you could say like this, again based on something that the Rebbe explains: there's the sicha of the Rebbe where he goes into this inyan of הכשר מצוה. When there is a mitzvah and then there is a preparation to the mitzvah. So we find a din, a machlokes of Rabbi Elazar and the chachamim. By a bris, you're allowed to make a bris on Shabbos because bris is דוחה שבת, מילה דוחה שבת. What happens if you come to do the bris and you don't have a knife, and you have to make a knife, that's a melachah? So Rabbi Elazar says yes, just like milah is דוחה שבת, הכשר מילה, הכשר מצוה is the same din as the mitzvah. And the chachamim say no, milah is דוחה שבת, הכשר מצוה not. In other words, הכשר מצוה doesn't become part of the mitzvah. On the other hand, the Rebbe brings a famous Ran, which I mentioned many times, where he says that the Gemara says that when a woman takes קידושין, she could do it through a shaliach. The Gemara says מצוה בו יותר מבשלוחו, it's a bigger mitzvah if she takes it herself. פרעגט דער ר״ן: what do you mean a bigger mitzvah? She has no מצוה בכלל, the whole mitzvah of getting married is the man! האיש מצווה על פריה ורביה, a man has a commandment to get married, to have children, והאשה אינה מצווה, she has no mitzvah whatsoever. So what do you mean it's a bigger mitzvah if she takes the קידושין herself than the husband, than the shaliach? So the Ran says, she דוקא has no mitzvah, but because the husband has a mitzvah, he cannot fulfill his mitzvah without her participation, mimela she also has a mitzvah. So here we see that it's a הכשר מצוה and becomes part of the mitzvah. So the Rebbe asks, so what's the difference? Why over there the רבנן hold that מכשירי מילה, the הכשר, which means the preparation, is not part of the mitzvah, and here she is? And the Rebbe says the difference is because over there it's a side thing: the milah the mitzvah is milah. In order to get to the mitzvah as milah, there's something else you have to do. Here, she is part of the same act that he is doing, so here it's מכשירי מילה. Can't do the act, huh? Milah, you can't do the act without the knife. Yeah, but this is without something before, not the act itself. Because of the preparation of it. Yeah, there's a preparation to the act, it's not part of the act. What do, if you don't have a knife you can't cut, but that's not, the cutting is, the making the knife is not part of. But here his his mitzvah is to have relations with her, that's his mitzvah. The same way like we find בנוגע to תלמוד תורה, the only mitzvah that a father מדאורייתא has to do with his son is to teach him תורה, מדאורייתא. All other things that he has to see that he bentsht, has to see that he does all the mitzvot is a דין דרבנן. But Torah is דאורייתא. And the Rambam says what happens if a father didn't teach his son? חייב ללמד את עצמו, he has to learn himself, כשיכיר, not when he becomes a גדול, when he's a child. The

Tzemach Tzedek asks: child? What do you mean you tell a child? How could the Torah tell the child to do a mitzvah? He's פטור from all the mitzvot, kid doesn't have. And the Rebbe and the Tzemach Tzedek says: it's not that he בעצם has the mitzvah. The father has the mitzvah to learn with him, so the father can't fulfill his mitzvah unless he participates, so he's also called a מחוייב. So if the father didn't teach him, he's מחוייב. In mitzvah of tzedakah, you cannot do the mitzvah of tzedakah unless there's an עני that takes. So let's see here: The עני is not doing a mitzvah, he's a guy giving does a mitzvah. Is he this hechsher of the עני, which what is it like? Is the hechsher of the עני like the case of the milah, or is the hechsher of the עני like the case of the woman? Now, on one hand it sounds like the case of the woman, because the mitzvah is give the עני money. But on the other hand, the here there are two parts to it. The עני is getting bread, he's getting food. By there the the whole thing is a mitzvah. Like Birkat Kohanim I mentioned last time, is the ישראל who listens to Birkat Kohanim part of the mitzvah? But there also, there is part of the mitzvah because there is only one thing, there is Birkat Kohanim. Here, there's gashmiyut, there's pashut, the guy who gets the money has food, he's going to eat food, it stays with him. His part is like separate part. Or maybe not. So you could look here and see two ways how to learn: is the עני's acceptance part of the mitzvah? But the emet is in one place the רבי a different place the רבי says an interesting vort. It says \"ויקחו לי תרומה\", you should take terumah, which is similar to tzedakah, and the pasuk says \"לי\", what does \"לי\" mean? \"Lishmah\". So the רבי has a peshat that doesn't it doesn't say \"give לי לשמי\", \"take lishmah\", that the עני has to take the צדקה לשמה. Not only the עני guy has to give, when the עני takes lishmah, that only fits if he's part of the mitzvah. If it's not a mitzvah to him it's just food, then what's lishmah? Anyway, but there is you could say he's part of the mitzvah, is not. That's his כוונה, that he's helping to fulfill the other guy fulfill the mitzvah. That's something else! So he's definitely a הכשר מצוה. There's no question, that's for sure that he's a הכשר מצוה. And if he's helping the other guy. But could be it's a הכשר מצוה that he's helping, but he doesn't become a חלק of the mitzvah. A הכשר מצוה is a nice thing, just like the case the Rabbanan hold הכשר מצוה is not דוחה שבת, even though מילה is דוחה שבת. But if or maybe he's part of the mitzvah itself, he fulfills the mitzvah. The difference is One is before, one is after. the difference is: when this takes place? If the if the עני has nothing to do the he's not part of the mitzvah, so the נתינה is what counts. The giving is what is the mitzvah. If the עני is a חלק, so the mitzvah is not complete, the עני the guy also has a חלק, but the עני also, so the mitzvah is not completely done until he takes it. I'll tell you you find a difference. But let's say you give in terms of differentiating from a wife. Wife, she has to be a part Right. A עני is more a third person... Right. But here yeah yeah. No, but the קיצור, when I take that guy that's stuck at that moment, I'm giving tzedakah, and I'm getting a mitzvah. What if every עני in the world no longer becomes Okay, so that's what I'm saying. This is the this is going to this is going to come to the

point here. So the שאלה is if the ikar is in the נתינה, so he gives it, and that's all. And even if it before it gets to the עני, he has fulfilled his mitzvah. If the ikar is the ikar or קבלה is a חלק of it, so even though he did his mitzvah, but it's not complete, because the mitzvah has another חלק to it: the חלק of the ani. So the mitzvah is not complete. Then there's another way to say, a third way b'emet: The mitzvah is done when the he gives it, but on condition that it reaches the ani. So really you're doing it now, but it has to reach the ani eventually, and when it reaches the ani, it's retroactive, it's almost like mimela when he gave it. So the first way was that the mitzvah is right now, regardless of what happens. The second thing is not regardless, the mitzvah is complete only when he takes it. And the third way is that it's now, but it has to if eventually it comes to the ani. Now this could be the pshat in the three-way machloket. The pshat could be like this: We have to assume one thing. If we assume that, then we can go further, that when a person gives tzedakah, he has in mind to do the complete mitzvah, that that the mitzvah of tzedakah should be fulfilled completely. I assume that, a Yid wants the If you hold that the mitzvah that the ani's part is not a part of it, so when is the mitzvah complete? Right away when you give it. So as soon as the guy gives it to the bnei ha'ir, he is done! Now it's in their hands! If for some reason they feel that this they have something more important, by them taking it, it doesn't take away from his mitzvah. Not only from his mitzvah, from the whole mitzvah! The whole mitzvah was done completely. That's the Rabbeinu Tam and the Rosh and the Rambam, that's what they say that right away that that לשנות מה שירצו, they could change even for דבר הרשות. Because, אי he gave it על דעת, so then the Rabbeinu Tam uses the lashon \"על דעת בני העיר נתן מעותיו\". He gave על דעת they should do what they want. I'm taytshing a little bit deep deeper: not only he gave it do do what you want. He gave it על דעת בני העיר knowing that giving it to the בני העיר is already the mitzvah. So, he did the mitzvah. The

Rivash on the other hand, which is the opposite, which means that they they take possession of it. they and mimela they take possession, exactly. According to the Rivash הוא אומר he says that the עני בפירוש has to the mitzvah is not complete till it gets to him. And since we're assuming a person does his tzedakah because he wants the mitzvah to can be complete, so you can't give it away to anybody it has to get to the ani. And he means takeh it should get to the ani because that's when the mitzvah will be complete. Der Nimukei Yosef and Der Ramban will learn a middle way, that the mitzvah is right away, therefore he doesn't care, it's right away, I got the mitzvah, but eventually it has to get to the ani, but if it doesn't get eventually to the ani, then that's not what he wants. So, ke'ilu he gives with the intentions, you could lend you could borrow the money if you have to for something and use it for something, because eventually you'll give it back. So, mimela since I know you'll give it back, so I am fulfilling the mitzvah now, and they could borrow it. According to the Rivash, no, it's right away the mitzvah is done completely, and no, it's not right away, it's it's only done when he gets it, and I'm giving so he's the ani I should do the mitzvah, finish, you could do it. This will explain the answer to the other two שאלות. The two שאלות were that according to the Rabbeinu Tam, we said that when it says eh the story the מותר עניים לעניים, according to the yeah, according to Rabbeinu Tam, מותר עניים לעניים, so it's a kashya on the Rabbeinu Tam. It says it has to go to the aniyim. So, he said the Rosh, that that is by a special collection. So, he has special collection, but he he he trusts them, why doesn't he trust? So, I'm saying if the whole reason we said that the Rabbeinu Tam holds that you could do what you want with it because he holds that the mitzvah is done right away, that is only said, it's like a little bit like you said, but with another twist, that's only said if he gave it as a mitzvat tzedakah, every Yid has to give, you know, tzedakah. There's a kupa, they came around collecting for the kupa, that's what his mitzvat tzedakah. We're talking here a special collection. He did his mitzvat tzedakah. Now, he's not doing it because he wants to fulfill, make sure that the mitzvat tzedakah is done. Now, he's doing it because he knows there's a ani that needs a coat. Emergency campaign. Emergency campaign. So, now, he takeh means the emergency campaign, he doesn't mean anything else. That's why here, even the Rabbeinu Tam and the Rosh will agree that you cannot do it for anything else. It's not because he doesn't trust them, the whole thing we're saying we trust them. The שאלה is, what does he have in mind when he gives as far as the mitzvah? So, he has in mind the mitzvah only, and the mitzvah is happening right away, and finish, that's why he doesn't care anymore. Here, he's not in mind the mitzvah. Vadai he wants to do a mitzvah, but the whole purpose is that the ani should have and therefore you can't change. But now here, I have to explain to the the three options to the to a- everyone who gives, because you have to have the right kavanah or else I have a different peshat. They have to come to the shiur then. Otherwise he doesn't fulfill what they what they wanted. There could be a problem there. He's not fulfilling the mitzvah because of the the other according to which whichever whichever he he didn't think No, but we assume that the person when I start each every person Not three options? Well, I mean The machloket is not, not three. The machloket is, what does usually a person, no. Them is one, one option. Every person gives tzedakah because he wants the mitzvah to be completely. That's not the doing. The other things have not to do with him, has to do with the שאלה בהלכה, what's the halachah? So the he doesn't care. If the halachah is that the ani is not a part of it, then I just want the giving, I don't care. If the halachah is that the ani is part of the mitzvah, then I mean the ani should get. He doesn't know, he just leaves it up to what the halachah is. If the halachah is that the mitzvah is right away, but you got to give it, and I then I mean that. So, he doesn't think, so we don't have to tell him, it's just he But one thing we say everyone and I assume that's true, that's true, everyone wants the mitzvah, he's doing a mitzvah, wants to be complete. So, but מה שאין כן, if it's given to special collection, then uh we assume that it doesn't have that in mind. That'll that will answer the other kashya also. The

other kashya was, it says a guy gave the candle to the shul, the Gemara says, if his name's forgotten, whatever, you could change it to what you want. So, it's a kashya on the Rivash. What was the answer that the Rosh answered on the Rivash's behalf, even though he disagrees with him? He says, \"By the shul, it's different.\" So, we say, \"What's the shul different?\" So, I'll tell you. The whole sevara of the Rivash, we just as we're saying now, is that since there is an ani who takes it, and the ani has a chelek in the mitzvah, so the mitzvah is not complete till he takes it, that's why you can't change till he gets it. That's only if there is a person who has a chelek in the mitzvah. By a shul, you're not giving it to a person who has a chelek in the mitzvah. So here, even the Rivash agrees that betzem the mitzvah is done right away. There is nobody else that's, so the mitzvah is done right away. Therefore, here, the Rivash says, \"By a shul is different. By a shul, I think you could change.\" Even if you have the intent, Even if you had, because No end user. Yeah, there's no end user, exactly. There's the shul, this is the this is the מרא דאתרא, yeah? The shul, so there's no other, so m'meila he just has given. Should we stop here, or? Just, okay, just a a a drop further. We can say this whole thing a little bit with another twist, a little bit different, based on a I'll go bekitzur, when when there is a uh, again, another thing, another place where the Rebbe says:

When you give קידושין, when you give money for קידושין, so you give money, the money becomes hers and she's מקודשת to him. The question is the Rogatchover has the she'eilah: Is the pshat you give her money, you give her money, a מתנה, if you give her a מתנה in order for her to get married to you, the money becomes כסף קידושין, the money becomes קידושין, or farfert, you're giving her money for קידושין, then when she takes the money for קידושין, the money becomes hers, then there is the physical part of it that there is that she gets he owns the money? Which is connected to another חקירה. We know in קידושין there are two parts. When you marry a woman, there are two parts there: there's what we call קנין and אישות. קנין means she becomes yours. Actually, the Gemara calls in קידושין a wife קנין כספו, she belongs to you. And when you're giving, you're קונה her. Then there is איסורים: she becomes there's an אשת איש, all דינים, and she can't marry somebody else, אישות. So there are two parts in this thing here. They're connected. If the main the first thing of and the שאלה where does it start: Does it start you're קונה a wife, um'meila it brings out all kinds of איסורים, or we make קידושין with her and there's all kinds of איסורים, that brings that she becomes yours? The difference is when does this happen, when does the אישות happen? If you say you give her a מתנה, so the giving is just a present, it just plain... When she receives it and becomes hers, then she is like מקודשת to you, then there's the אישות of it. If you learn the opposite, the קידושין, as soon as the guy as he's giving, he is giving kiddushin, he's giving אישות, an ענין of אישות. And the difference is when when it starts: Is it start from the giving or for the from the receiving? That's for sure. In time, it happens right away. But the she'eilah in דרגא, what does it happen? What comes first? So you want to know? Okay. Like I said, I wanted to go bekitzur. But a nafka minah is, it's a machloket between the Rambam and the Raavad. The

Rambam says, it's an interesting machloket. The Rambam's shita, the Rambam said we know that by kiddushin you have to have two eidim. Not because we're afraid maybe someone deny it later, it's like like by money, when you borrow money you have to have two eidim. Why? And if you you don't owe the money if it's no two eidim? In case the guy'll deny it! But kiddushin is עדי קיום, you must have them, because אין דבר שבערוה פחות משנים, you have to have two. What happens when you memaneh a shaliach, you appoint a shaliach to bring kiddushin to your wife? Do you need two עדים בשעת you appoint the shaliach? So the Rambam has a strange shita. He says when he makes a shaliach, you don't need two eidim; when she makes a shaliach to receive, you need two eidim. And everyone asks that the Raavad, I don't understand, you could look at appointing a shaliach not part of of דבר שבערוה, it's not kiddushin yet, it's just making a shaliach. So in both cases you shouldn't need, or you could say since it's preparing it's the beginning of the of of, so they both. What's the difference? Now you see the difference: the Rambam holds that it starts with kinyan, and קנין ממילא starts from when does it happen? When she receives it. So the דבר שבערוה is only by the receiving. So when you make a shaliach to receive, that's part of the receiving, that's דבר שבערוה. When he makes it to give, it's not, even though it happens at the same time, but that's not his part. The reason you need the two eidim is on her part, not from his part. So you see a difference. So the she'eilah is by tzedakah: When you give tzedakah, you can look the same two ways. Tzedakah is a mitzvah. Is the pshat you're giving, you're giving a guy a present, but if you're giving it because he's poor and you and you want to give tzedakah, that turns into a mitzvah; or it's the opposite: you're doing a mitzvah, look like קידושין, and and because you're doing the mitzvah of giving it, it then becomes his. The difference is: When does this really happen? When is the mitzvah take place? If you learn you're giving him money, the mitzvah takes place by the קבלה, by the receiving. If you're saying you're giving the giving is the mitzvah and then becomes his, so there's נתינה. That could be the machloket here.

According to the Rabbeinu Tam, it happens by the giving. So as soon as he gives the tzedakah, he finished with his mitzvah. And he finished with his mitzvah, so now it says it's up to you to do with it what you want. So he says you could change to whatever you want. The Ri Migash learns no, that the mitzvah is first it's giving stam money that's and he wants to the mitzvah when you receive, so he says, \"I want it should be received by him, because otherwise I don't have the full mitzvah, because it didn't receive yet.\" That's why he says you can't change it. And the Nimukei Yosef and the Ramban, they will be holding like we said before, that it's takeh it starts with the נתינה if it's giving if it gets נתקבל. So mimela they say you could borrow it. Good. All right, good night. Whatever I just I say I give tzedakah, whatever the halacha is it I don't have to have in mind any of this, as if so, if it did happen, then it would be fulfilled. You didn't go there? Yeah, so, wait, can you check? I just... Therefore really it encompasses all three. Yeah, yeah, so in his mind it's the same, whatever whichever one you hold, that's how it goes. True, or emet, like this, it's all included in in the idea of tzedakah. Any one of these, any one of these situations, however it works out. It's all legal. Yeah, I mean a guy might say, you know, \"I didn't give you this, you know, to to do this.\" A guy might say that. It might come out that way later. You know, he could say, \"I don't care,\" whatever. So we assume people want, you know, all three. That's good, that's good, thanks a lot. Hope that was worth it for you. You have it here. By the way, I found some